The Federal Capital Territory (FCT) High Court in Maitama, Abuja, on Tuesday dealt a major setback to former Kogi State Governor, Yahaya Bello, after dismissing his application challenging the court’s jurisdiction to hear the N110.4 billion fraud case instituted against him by the Economic and Financial Crimes Commission (EFCC).
Justice Maryanne Anenih ruled that the court was properly vested with the authority to entertain the charges and rejected Bello’s argument that the case amounted to an abuse of court process.
The former governor is standing trial alongside Umar Shuaibu Oricha and Abdulsalami Hudu on a 16-count charge bordering on alleged criminal breach of trust and money laundering involving N110.4 billion.
Bello had urged the court to strike out the charge marked FCT/CR/778/2024: Federal Republic of Nigeria v. Yahaya Adoza Bello & 2 Ors, contending that the FCT High Court lacked territorial jurisdiction to hear the matter.
He also argued that the proceedings should be terminated because a similar case was already pending before the Federal High Court, Abuja.
However, prosecution counsel, Kemi Pinheiro (SAN), opposed the application, describing it as a deliberate attempt to stall the trial.
According to him, the offences alleged against the defendants were offences under the Penal Code and were therefore properly triable before the FCT High Court.
Pinheiro further argued that several of the properties allegedly acquired with proceeds of the alleged offences were located within Abuja, thereby conferring territorial jurisdiction on the court.
Addressing Bello’s claim of abuse of court process, the senior advocate maintained that the case before the FCT High Court was fundamentally different from the one pending before the Federal High Court.
He explained that while the FCT case centres on allegations of criminal breach of trust and conspiracy under the Penal Code, the Federal High Court matter involves alleged violations of the Money Laundering (Prohibition) Act.
“The two cases differ both in substance and in law and, therefore, cannot constitute an abuse of court process,” the prosecution argued.
Pinheiro also noted that the parties in both matters were not identical, pointing out that Bello is the sole defendant in the Federal High Court case but is standing trial with two co-defendants before the FCT High Court.
In her ruling, Justice Anenih agreed with the prosecution’s submissions and held that the court possessed the necessary jurisdiction to proceed with the trial.
The judge further ruled that the proceedings did not amount to an abuse of court process and consequently dismissed Bello’s application for lacking merit.
A similar application filed by the third defendant was also dismissed.
Following the ruling, the prosecution continued its case and called its 16th witness, Baba Isah Usman Baffa.
Led in evidence by prosecution counsel, Chukwudi Enebeli (SAN), Baffa testified about the sale of a commercial property at Sheriff Plaza, Abuja.
He told the court that Ali Bello approached his company to purchase a shop in the complex and subsequently completed the transaction.
“He came to our office, made enquiries about the shops and indicated interest in buying one. We gave him the prospective form and the requirements. He met the requirements, we gave him an account number and he made the payment,” the witness said.
Baffa disclosed that Ali Bello purchased Shop B13 for N66 million, paying an initial N40 million before completing the balance of N26 million.
According to him, the company thereafter issued an allocation letter and formally handed over the property.
Under cross-examination, the witness stated that he knew Yahaya Bello only as “a public figure” and confirmed that he had previously testified on the same property transaction before the Federal High Court.
The prosecution also called its 17th witness, Shenu Bello, an estate agent and commodity trader, who testified about several property transactions allegedly linked to Ali Bello.
The witness told the court that he facilitated the purchase of a property at Plot 1773, Guzape District, Abuja, for N48 million and another property at Plot 31, Guzape District, for N100 million.
He further disclosed that a property located at Plot A02/176, Block 488B, Lome Street, Wuse Zone 7, Abuja, was acquired by Dr. Faruk Bello for N105 million.
Shenu Bello also testified that a property at No. 1 Ikogosi Spring Road, Maitama, Abuja, was purchased by Faruk Bello from Efab Estate for N550 million.
“It was paid in United States dollars, in cash,” he told the court, adding that his commission was equally settled in cash.
The witness further revealed that he introduced Ali Bello to Metro Dec Construction Limited, the company handling the development of a property at Plot 1981, Dalla Hills, Maitama, and made several payments on his behalf, including N5.5 million, N9.8 million, N8 million and $6,000.
On another property located at Durban Street, Wuse II, Abuja, the witness testified that he sourced and negotiated the acquisition for Ali Bello.
“I got him that property at Durban Street, we negotiated the property and it was bought at N650 million from FSC Food Limited,” he said.
After the witness concluded his testimony, defence counsel, J.B. Daudu (SAN), sought an adjournment, arguing that the proceedings had lasted for an extended period.
The request was opposed by prosecution counsel, Olukayode Enitan (SAN), who urged the court to continue, noting that the witness had spent less than 20 minutes in the witness box and that additional witnesses were available.
“The evidence is consistent. The prosecution is mindful of time and has other witnesses in court. The witness may not be available tomorrow and that is why we kept the examination-in-chief brief,” Enitan submitted.
Justice Anenih subsequently adjourned the matter to June 17, 2026, for continuation of trial.
